Breath Test Refusal Defense
Under Michigan law, refusing a preliminary breath test (PBT) during a traffic stop for DUI is a civil infraction and can lead to a ticket and fine. If the police officer has made the decision to arrest an individual for drunk driving, the officer will request the individual take a chemical breath or blood test. If a person refuses to submit to the chemical test without just reasoning, he or she will face a one-year driver's license suspension and will have six points added to their driving record.
Did you or someone you know refuse a breath test in Michigan? As a former prosecutor for the City of Ann Arbor in DUI/DWI/OWI cases with more than 20 years of legal experience, I understand the penalties you face and what the prosecution will do to obtain a conviction. I can help you fight the consequences for breath test refusal.
Contact the law office of Stacey M. Washington, Attorney and Counselor, by e-mail or call 734-274-6567. You can also reach me toll free at 888-769-0091. I will be upfront about your options and diligent in protecting your rights and freedom.
Washtenaw County DUI Attorney
I understand that it is difficult to make the right decision when pulled over by a police officer for driving under the influence. Refusing a breath test may seem like the best way to protect yourself. However, in some instances it does not help your case and can negatively impact your life if you lose your license for a year.
As a skilled and experienced Washtenaw County DUI lawyer, I will investigate the facts of your situation to determine the best possible defenses to your drinking and driving charge. It is possible that video tapes of the traffic stop will show that you were sober enough to drive. These tapes can support your decision to refuse a breath test or sobriety test. I can use this to your advantage.
It is also possible that your prosecutor will be willing to negotiate a deal in order to reduce a charge from operating while intoxicated to operating while visibility impaired. I can work with local and county prosecutors to protect your driver's license. If necessary, I will take your case to trial in order to obtain a favorable outcome on your behalf.
Implied Consent Hearing
Under Michigan law, drivers are bound by the presumption of "implied consent." This means that they have consented to submitting to a chemical test for drunk driving simply by having a license and being on the road. If someone refuses a chemical breath test for whatever reason, he or she has only 14 days to dispute the allegations, at which point an implied consent hearing will be scheduled.
The implied consent hearing is like a mini-trial to determine whether someone was justified in refusing the breath test. Issues that come into play include whether a person was advised of his or her rights, whether the police officer had reasonable cause in requesting the breath test, whether the person was arrested for drunk driving, and whether the person had reasonable cause for refusing the breath test.
If you refused a breath test, don't wait to request this hearing. As an experienced DUI/DWI defense lawyer, I can represent you and help defend your choice to refuse the test. I will work to show that any one of the factors justified your refusal, which may allow you to keep your driver's license.
Contact Me if You Were Charged With Driving Under the Influence of Alcohol
Don't let a breath test refusal compromise a favorable outcome in your case. Contact my law office at 734-274-6567 or toll free at 888-769-0091. My nonjudgmental, experienced legal care can help you through your tough situation. Appointments are available from 9 a.m. to 5 p.m. Monday through Friday. I also accept all major credit cards.
